Madras High CourtCRL OP(MD)/3148/2017withdrawn dismissed

K.V.Shanthi v. Sooriya Moorthy

2017-03-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3148 of 2017 and Crl.M.P.(MD)Nos.2386 and 2387 of 2017 K.V.Shanthi : Petitioner Vs.

Mr.Sooriya Moorthy, Rep. by his General Power of Attorney Agent Mr.Subramanian : Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records in C.C.No.56 of 2017 on the file of the Fast Track Court Magistrate Level, Tuticorin and quash the same.

For Petitioner : Mr.K.A.Raamakrishnan *******

O R D E R

When this Court was about to dismiss this petition on merits, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2. Permission is granted. This Criminal Original Petition is dismissed as withdrawn.

3. At this juncture, learned counsel appearing for the petitioner submits that the presence of the petitioner before the Trial Court may be dispensed with.

4. Accepting the submission, this Court directs the petitioner to appear before the Trial Court and on her appearance, she shall be released on bail under Section 436 of the Code of Criminal Procedure on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) without sureties to the satisfaction of the Fast Track Court/Judicial Magistrate at Tuticorin and, thereafter, she shall engage a counsel on special vakalat and appear before the Trial Court for receiving the final report and other papers under Section 207 Cr.P.C., at the time of framing charges, for questioning under Section 313 Cr.P.C. and on the day of judgment. https://hcservices.ecourts.gov.in/hcservices/

On all other dates, if she files an application under Section 317 Cr.P.C., undertaking that she will not dispute her identity and that her counsel will cross-examine the prosecution witnesses in her absence without adopting dilatory tactics, the Trial Court may liberally consider and entertain the same. If she adopts any dilatory tactics, it is open to the Trial Court to insist upon her presence. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Fast Track Court (Magistrate Level, Tuticorin.

+1 cc to Mr.KA.RAMAKRISHNAN, Advocate SR.No. 16008 SML JS/SV/MMS/27.03.2017/2P-3C Order made in Crl.O.P.(MD)No.3148 of 2017 Dated: 20.03.2017 https://hcservices.ecourts.gov.in/hcservices/